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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
December-2014 Jurisprudence                 

  • G.R. No. 193670, December 03, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. VENERANDO DELA CRUZ Y SEBASTIAN, Accused-Appellant.

  • G.R. No. 205136, December 02, 2014 - OLIVIA DA SILVA CERAFICA, Petitioner, v. COMMISSION ON ELECTIONS, Respondent.

  • A.C. No. 8103, December 03, 2014 - ATTY. AURELIO C. ANGELES, JR., PROVINCIAL LEGAL OFFICER, BATAAN CAPITOL, BALANGA CITY, BATAAN, Complainant, v. ATTY. RENATO C. BAGAY, Respondent.

  • G.R. No. 193385, December 01, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DATS GANDAWALI Y GAPAS AND NOL PAGALAD Y ANAS, Accused-Appellants.

  • A.M. No. P-13-3163 [Formerly OCA IPI No. 12-3861-P], December 01, 2014 - MARCIDITO A. MIRANDA, Complainant, v. ERNESTO G. RAYMUNDO, JR., SHERIFF III, METROPOLITAN TRIAL COURT, BRANCH 74, TAGUIG CITY, Respondent.

  • A.C. No. 7687, December 03, 2014 - RAUL C. LANUZA AND REYNALDO C. RASING, Complainants, v. ATTYS. FRANKIE O. MAGSALIN III AND PABLO R. CRUZ, Respondents.; A.C. No. 7688 - RAUL C. LANUZA AND REYNALDO C. RASING, Complainants, v. ATTYS. FRANKIE O. MAGSALIN III, PETER ANDREW S. GO AND PABLO R. CRUZ, Respondents.

  • G.R. No. 179597, December 03, 2014 - IGLESIA FILIPINA INDEPENDIENTE, Petitioner, v. HEIRS OF BERNARDINO TAEZA, Respondents.

  • A.M. No. P-11-2917, December 02, 2014 - MARIVIC C. VITOR, Complainant, v. CAROLINE GRACE ZAFRA, COURT STENOGRAPHER II, METROPOLITAN TRIAL COURT, BRANCH 71, PASIG CITY, Respondent.

  • G.R. No. 183161, December 03, 2014 - OFFICE OF THE OMBUDSMAN, Petitioner, v. AMALIO A. MALLARI, Respondent.

  • G.R. No. 199886, December 03, 2014 - CAGAYAN II ELECTRIC COOPERATIVE, INC., REPRESENTED BY ITS MANAGER AND CHIEF EXECUTIVE OFFICER, GABRIEL A. TORDESILLAS, Petitioner, v. ALLAN RAPANAN AND MARY GINE TANGONAN, Respondents.

  • G.R. No. 206162, December 10, 2014 - ALEX M. VALENCERINA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 192232, December 10, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSE ESTALIN PRODENCIADO, Accused-Appellant.

  • G.R. No. 190349, December 10, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FRANCASIO DELFIN, Accused-Appellant.

  • G.R. No. 211465, December 03, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. SHIRLEY A. CASIO, Accused-Appellant.

  • G.R. No. 208462, December 10, 2014 - SPOUSES CARLOS J. SUNTAY AND ROSARIO R. SUNTAY, Petitioners, v. KEYSER MERCANTILE, INC., Respondent.

  • G.R. No. 193108, December 10, 2014 - MARILYN VICTORIO-AQUINO, Petitioner, v. PACIFIC PLANS, INC. AND MAMERTO A. MARCELO, JR. (COURT-APPOINTED REHABILITATION RECEIVER OF PACIFIC PLANS, INC.), Respondents.

  • G.R. No. 193100, December 10, 2014 - SAMAR-I ELECTRIC COOPERATIVE, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 209219, December 02, 2014 - BASES CONVERSION AND DEVELOPMENT AUTHORITY (BCDA), Petitioner, v. COMMISSION ON AUDIT CHAIRPERSON MA. GRACIA M. PULIDO-TAN, COMMISSIONER HEIDI L. MENDOZA AND COMMISSIONER ROWENA V. GUANZON, THE COMMISSIONERS, COMMISSION ON AUDIT, Respondents.

  • G.R. No. 211703, December 10, 2014 - EDELBERT C. UYBOCO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • A.C. No. 10579, December 10, 2014 - ERLINDA FOSTER, Complainant, v. ATTY. JAIME V. AGTANG, Respondent.

  • A.C. No. 10548, December 10, 2014 - CAROLINE CASTAÑEDA JIMENEZ, Complainant, v. ATTY. EDGAR B. FRANCISCO, Respondent.

  • G.R. No. 207682, December 10, 2014 - CONRADO B. NICART, JR., AS PROVINCIAL GOVERNOR OF LGU-EASTERN SAMAR, Petitioner, v. MA. JOSEFINA C. TITONG AND JOSELITO M. ABRUGAR, SR., Respondents.

  • G.R. No. 191694, December 03, 2014 - NARCISO ZAPANTA, EDILBERTO CAPULONG AND CLARITA CAPULONG, Petitioners, v. CO KING KI AS REPRESENTED BY HIS ATTORNEY-IN-FACT WILLIAM CO, Respondent.

  • G.R. No. 156577, December 03, 2014 - ALEJANDRO C. RIVERA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.; G.R. NO. 156587 - ALFREDO Y. PEREZ, JR., Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.; G.R. NO. 156749 - LUIS D. MONTERO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 203022, December 03, 2014 - ANTONIO MARTINEZ, Petitioner, v. HON. RONALDO B. MARTIN, PRESIDING JUDGE AND ROLANDO PALMARES, DEPUTY SHERIFF, BOTH OF THE REGIONAL TRIAL COURT OF ANTIPOLO CITY, BRANCH 73, AND NATALIA REALTY, INC., Respondent.

  • G.R. No. 204745, December 08, 2014 - MINDANAO II GEOTHERMAL PARTNERSHIP, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 208261, December 08, 2014 - PHILIPPINE AMUSEMENT AND GAMING CORPORATION, Petitioner, v. LORENIA P. DE GUZMAN, Respondent.

  • G.R. No. 210148, December 08, 2014 - ANTONIO L. DALURAYA, Petitioner, v. MARLA OLIVA, Respondent.

  • G.R. No. 194077, December 03, 2014 - FLORENTINO W. LEONG AND ELENA LEONG, ET AL., Petitioners, v. EDNA C. SEE, Respondent.

  • G.R. No. 170046, December 10, 2014 - PEOPLE OF THE PHILIPPINES, Petitioner, v. MAXIMO A. BORJE, JR., BURT B. FAVORITO, FLORENDO B. ARIAS, ERDITO Q. QUARTO, AGERICO C. PALAYPAY, NAPOLEON S. ANAS, DANILO C. PLANTA, LUISITO S. DELA ROSA, ROGELIO L. BERAY, NORMA A. VILLARMINO, RICARDO M. JUAN, JR., NELSON UMALI, MARIA LUISA T. CRUZ, MELISSA T. ESPINA, VIOLETA R. TADEO, JESSICA J. CATIBAYAN, VIOLETA C. AMAR, RONALDO G. SIMBAHAN, FELIPE A. SAN JOSE, ROLANDO C. CASTILLO, CONCHITA N. DELA CRUZ, JANETTE A. BUGAYONG, JESUS D. CAPUZ, RODELIA R. UY, ROMEO C. FULLIDO, NONETTE H. FULLIDO, VICTORIA M. GO, CARMELITO V. EDEM, AUGUSTO C. CAPUZ,+ VICENTE SANTOS, JR., JOHN DOES AND JANE DOES, AND THE SANDIGANBAYAN (SECOND DIVISION), Respondents.

  • G.R. No. 193707, December 10, 2014 - NORMA A. DEL SOCORRO, FOR AND IN BEHALF OF HER MINOR CHILD RODERIGO NORJO VAN WILSEM, Petitioner, v. ERNST JOHAN BRINKMAN VAN WILSEM, Respondent.

  • G.R. No. 206768, December 03, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LEONARDO CASTRODES, Accused-Appellant.

  • G.R. No. 185590, December 03, 2014 - METROPOLITAN BANK AND TRUST COMPANY, Petitioner, v. LEY CONSTRUCTION AND DEVELOPMENT CORPORATION AND SPOUSES MANUEL LEY AND JANET LEY, Respondents.

  • G.R. No. 174996, December 03, 2014 - BRO. BERNARD OCA, FSC, BRO. DENNIS MAGBANUA, FSC, MRS. CIRILA MOJICA, MRS. JOSEFINA PASCUAL AND ST. FRANCIS SCHOOL OF GENERAL TRIAS, CAVITE, INC., Petitioner, v. LAURITA CUSTODIO, Respondent.

  • G.R. No. 180364, December 03, 2014 - TZE SUN WONG, Petitioner, v. KENNY WONG, Respondent.

  • G.R. No. 187589, December 03, 2014 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. THE STANLEY WORKS SALES (PHILS.), INCORPORATED, Respondent.

  • G.R. No. 209386, December 08, 2014 - MEL CARPIZO CANDELARIA, Petitioner, v. THE PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 206661, December 10, 2014 - HON. ORLANDO C. CASIMIRO, IN HIS CAPACITY AS ACTING OMBUDSMAN, OFFICE OF THE OMBUDSMAN; HON. ROGELIO L. SINGSON, IN HIS CAPACITY AS DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS SECRETARY, Petitioner, v. JOSEFINO N. RIGOR, Respondent.

  • G.R. No. 201781, December 10, 2014 - ANNIE GERONIMO, SUSAN GERONIMO AND SILVERLAND ALLIANCE CHRISTIAN CHURCH*, Petitioners, v. SPS. ESTELA C. CALDERON AND RODOLFO T. CALDERON, Respondents.

  • G.R. No. 212388, December 10, 2014 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. HEIRS OF SPOUSES DONATO SANCHEZ AND JUANA MENESES, REPRESENTED BY RODOLFO S. AGUINALDO, Respondents.

  • G.R. No. 195390, December 10, 2014 - GOV. LUIS RAYMUND F. VILLAFUERTE, JR., AND THE PROVINCE OF CAMARINES SUR, Petitioners, v. HON. JESSE M. ROBREDO, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, Respondent.

  • G.R. No. 208890, December 08, 2014 - JOEL N. MONTALLANA, Petitioner, v. LA CONSOLACION COLLEGE MANILA, SR. IMELDA A. MORA, AND ALBERT D. MANALILI,* Respondents.

  • G.R. No. 151258, December 01, 2014 - ARTEMIO VILLAREAL, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.; G.R. No. 154954 - PEOPLE OF THE PHILIPPINES, Petitioner, v. THE HONORABLE COURT OF APPEALS, ANTONIO MARIANO ALMEDA, DALMACIO LIM, JR., JUNEL ANTHONY AMA, ERNESTO JOSE MONTECILLO, VINCENT TECSON, ANTONIO GENERAL, SANTIAGO RANADA III, NELSON VICTORINO, JAIME MARIA FLORES II, ZOSIMO MENDOZA, MICHAEL MUSNGI, VICENTE VERDADERO, ETIENNE GUERRERO, JUDE FERNANDEZ, AMANTE PURISIMA II, EULOGIO SABBAN, PERCIVAL D. BRIGOLA, PAUL ANGELO SANTOS, JONAS KARL B. PEREZ, RENATO BANTUG, JR., ADEL ABAS, JOSEPH LLEDO, AND RONAN DE GUZMAN, Respondents.; G.R. No. 155101 - FIDELITO DIZON, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondents.; G.R. Nos. 178057 & 178080 - GERARDA H. VILLA, Petitioner, v. MANUEL LORENZO ESCALONA II, MARCUS JOEL CAPELLAN RAMOS, CRISANTO CRUZ SARUCA, JR., AND ANSELMO ADRIANO, Respondents.

  • G.R. No. 198928, December 18, 2014 - CBK POWER COMPANY LIMITED, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 203760, December 03, 2014 - HOMER C. JAVIER, REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN, SUSAN G. CANENCIA, Petitioner, v. SUSAN LUMONTAD, Respondent.

  • A.C. No. 8085, December 01, 2014 - FELIPE LAYOS, Complainant, v. ATTY. MARLITO I. VILLANUEVA, Respondent.

  • G.R. No. 215427, December 10, 2014 - PHILIPPINE AMUSEMENT AND GAMING CORPORATION (PAGCOR), Petitioner, v. THE BUREAU OF INTERNAL REVENUE, REPRESENTED BY JOSE MARIO BUÑAG, IN HIS CAPACITY AS COMMISSIONER OF THE BUREAU OF INTERNAL REVENUE, AND JOHN DOE AND JANE DOE, WHO ARE PERSONS ACTING FOR, IN BEHALF OR UNDER THE AUTHORITY OF RESPONDENT, Respondent.

  • G.R. No. 149638, December 10, 2014 - MONCAYO INTEGRATED SMALL-SCALE MINERS ASSOCIATION, INC. [MISSMA], Petitioner, v. SOUTHEAST MINDANAO GOLD MINING CORP., JB. MGT. MINING CORP., PICOP RESOURCES, INC., MT. DIWATA UPPER ULIP MANDAYA TRIBAL COUNCIL, INC. AND BALITE INTEGRATED SMALL-SCALE MINING CORP., (BISSMICO), Respondents.; G.R. NO. 149916 - HON. ANTONIO H. CERILLES, IN HIS CAPACITY AS SECRETARY OF DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, Petitioner, v. SOUTHEAST MINDANAO GOLD MINING CORPORATION (SMGMC) AND BALITE INTEGRATED SMALL-SCALE MINING CORP., (BISSMICO), Respondents.

  • G.R. No. 120051, December 10, 2014 - CITY OF MANILA, HON. ALFREDO S. LIM, AS MAYOR OF THE CITY OF MANILA, AND ANTHONY Y. ACEVEDO, CITY TREASURER, Petitioners, v. HON. ANGEL VALERA COLET, AS PRESIDING JUDGE, REGIONAL TRIAL COURT OF MANILA (BR. 43), AND MALAYSIAN AIRLINE SYSTEM, Respondents.; G.R. NO. 121613 - MAERSK-FILIPINAS, INC., AMERICAN PRESIDENT LINES, LTD., FLAGSHIP TANKERS CORP., CORE INDO MARITIME CORP., AND CORE MARITIME CORP., Petitioners, v. CITY OF MANILA, MAYOR ALFREDO LIM, VICE MAYOR LITO ATIENZA,1] SANGGUNIANG PANLUNGSOD AND CITY TREASURER ANTHONY ACEVEDO, Respondents.; G.R. NO. 121675 - EASTERN SHIPPING LINES, INC., Petitioner, v. CITY COUNCIL OF MANILA, THE MAYOR OF MANILA AND THE CITY OF MANILA, Respondents.; G.R. NO. 121704 - WILLIAM LINES, INC., NEGROS NAVIGATION CO., INC., LORENZO SHIPPING CORPORATION, CARLOS A. GOTHONG LINES, INC., ABOITIZ SHIPPING CORPORATION, ABOITIZ AIR TRANSPORT CORPORATION, ABOITIZ HAULERS, INC., AND SOLID SHIPPING LINES CORPORATION, Petitioners, v. REGIONAL TRIAL COURT OF MANILA, BRANCH 32, CITY OF MANILA, MAYOR ALFREDO LIM, VICE MAYOR LITO ATIENZA, SANGGUNIANG PANLUNGSOD, AND CITY TREASURER ANTHONY ACEVEDO, Respondents.; G.R. NOS. 121720-28 - PNOC SHIPPING AND TRANSPORT CORPORATION, Petitioner, v. HON. JUAN T. NABONG, JR., PRESIDING JUDGE, REGIONAL TRIAL COURT OF MANILA, BRANCH 32; THE CITY OF MANILA; MAYOR ALFREDO LIM; VICE MAYOR LITO ATIENZA; SANGGUNIANG PANLUNGSOD, AND CITY TREASURER ANTHONY ACEVEDO, Respondents.; G.R. NOS. 121847-55 - MAERSK-FILIPINAS, INC., AMERICAN PRESIDENT LINES, SEA-LAND SERVICES, INC., OVERSEAS FREIGHTERS SHIPPING, INC., DONGNAMA SHIPPING CO., LTD., FLAGSHIP TANKERS, CORE INDO MARITIME CORP., CORE MARITIME CORP., AND EASTERN SHIPPING LINES, INC., Petitioners, v. CITY OF MANILA, HON. MAYOR ALFREDO S. LIM, HON. VICE MAYOR LITO ATIENZA, JR., SANGGUNIANG PANLUNGSOD NG MAYNILA, AND CITY TREASURER ANTHONY Y. ACEBEDO AND THEIR AGENTS OR REPRESENTATIVES, AND HON. JUDGE JUAN C. NABONG, JR., BRANCH 32, REGIONAL TRIAL COURT OF MANILA, RESPONDENTS, WILLIAM LINES, INC., NEGROS NAVIGATION CO., INC., LORENZO SHIPPING CORPORATION, CARLOS A. GOTHONG LINES, INC., ABOITIZ SHIPPING CORPORATION, ABOITIZ AIR TRANSPORT CORPORATION, ABOITIZ HAULERS, INC., SOLID SHIPPING LINES CORPORATION AND PNOC SHIPPING & TRANSPORT CORPORATION, Intervenors.; G.R. NO. 122333 - COSCO CONTAINER LINES AND HEUNG-A SHIPPING CO., LTD., BOTH REPRESENTED BY THEIR RESIDENT AGENT, WALLEM PHILIPPINES SHIPPING, INC.; DSR SENATOR LINES, COMPANIA SUD AMERICANA DE VAPORES S.A., AND ARIMURA SANGYO COMPANY, LTD., ALL REPRESENTED BY THEIR RESIDENT AGENT, C.F. SHARP SHIPPING AGENCIES, INCORPORATED; PACIFIC INTERNATIONAL LINES (PTE) LTD. AND PACIFIC EAGLE LINES (PTE) LTD., BOTH REPRESENTED BY THEIR RESIDENT AGENT, TMS SHIP AGENCIES, INC.; COMPAGNIE MARITIME D’ AFFRETEMENT (CMA), REPRESENTED BY ITS RESIDENT AGENT, INCHCAPE SHIPPING SERVICES; EVERETT ORIENT LINES, INC., REPRESENTED BY ITS RESIDENT AGENT, EVERETT STEAMSHIP CORPORATION; YANGMING MARINE TRANSPORT CORP., REPRESENTED BY ITS RESIDENT AGENT, SKY INTERNATIONAL, INC.; NIPON YUSEN KAISHA, REPRESENTED BY ITS RESIDENT AGENT, FIL-JAPAN SHIPPING CORPORATION; HYUNDAI MERCHANT MARINE CO. LTD., REPRESENTED BY ITS RESIDENT AGENT, CITADEL LINES; MALAYSIAN INTERNATIONAL SHIPPING CORPORATION BERHAD, REPRESENTED BY ITS RESIDENT AGENT, ROYAL CARGO AGENCIES, INC.; BOLT ORIENT LINE, REPRESENTED BY ITS RESIDENT AGENT, FILSOV SHIPPING COMPANY, INC.; MITSUI-O.S.K. LINES, LTD., REPRESENTED BY ITS RESIDENT AGENT, MAGSAYSAY AGENCIES, INC.; PHILS., MICRONESIA & ORIENT NAVIGATION CO. (PMSO LINE), REPRESENTED BY ITS RESIDENT AGENT, VAN TRANSPORT COMPANY, INC.; LLOYD TRIESTINO DI NAVIGAZIONE S.P.A.N. AND COMPAGNIE GENERALE MARITIME, BOTH REPRESENTED BY THEIR RESIDENT AGENT, F.E. ZUELLIG (M), INC.; AND MADRIGAL-WAN HAI LINES, Petitioners, v. CITY OF MANILA, MAYOR ALFREDO LIM, VICE MAYOR LITO ATIENZA, SANGGUNIANG PANLUNGSOD AND CITY TREASURER ANTHONY Y. ACEBEDO, Respondents.; G.R. NO. 122335 - SULPICIO LINES, INC., Petitioner, v. REGIONAL TRIAL COURT OF MANILA, BRANCH 32, CITY OF MANILA MAYOR ALFREDO LIM, VICE MAYOR LITO ATIENZA, SANGGUNIANG PANLUNGSOD AND CITY TREASURER ANTHONY ACEVEDO, Respondents.; G.R. NO. 122349 - ASSOCIATION OF INTERNATIONAL SHIPPING LINES, INC., IN ITS OWN BEHALF AND IN REPRESENTATION OF ITS MEMBERS, Petitioner, v. CITY OF MANILA, MAYOR ALFREDO LIM, VICE MAYOR LITO ATIENZA, SANGGUNIANG PANLUNGSOD AND CITY TREASURER ANTHONY ACEVEDO, Respondents.; G.R. NO. 124855 - DONGNAMA SHIPPING CO., LTD. AND KYOWA SHIPPING LTD. HEREIN REPRESENTED BY SKY INTERNATIONAL, INC., Petitioners, v. COURT OF APPEALS, CITY OF MANILA MAYOR ALFREDO LIM, VICE MAYOR LITO ATIENZA, CITY COUNCIL OF MANILA, AND CITY TREASURER ANTHONY ACEVEDO, Respondents.

  • G.R. No. 204944-45, December 03, 2014 - FUJI TELEVISION NETWORK, INC., Petitioner, v. ARLENE S. ESPIRITU, Respondent.

  • G.R. No. 168612, December 10, 2014 - PHILIPPINE ELECTRIC CORPORATION (PHILEC), Petitioner, v. COURT OF APPEALS, NATIONAL CONCILIATION AND MEDIATION BOARD (NCMB), DEPARTMENT OF LABOR AND EMPLOYMENT, RAMON T. JIMENEZ, IN HIS CAPACITY AS VOLUNTARY ARBITRATOR, PHILEC WORKERS’ UNION (PWU), ELEODORO V. LIPIO, AND EMERLITO C. IGNACIO, Respondents.

  • G.R. No. 204926, December 03, 2014 - ANACLETO C. MANGASER, REPRESENTED BY HIS ATTORNEY-IN-FACT EUSTAQUIO DUGENIA, Petitioner, v. DIONISIO UGAY, Respondent.

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    G.R. No. 205136, December 02, 2014 - OLIVIA DA SILVA CERAFICA, Petitioner, v. COMMISSION ON ELECTIONS, Respondent.

      G.R. No. 205136, December 02, 2014 - OLIVIA DA SILVA CERAFICA, Petitioner, v. COMMISSION ON ELECTIONS, Respondent.

    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    G.R. No. 205136, December 02, 2014

    OLIVIA DA SILVA CERAFICA, Petitioner, v. COMMISSION ON ELECTIONS, Respondent.

    D E C I S I O N

    PEREZ, J.:

    For the consideration of the Court is the Special Civil Action for Certiorari under Rule 64 of the Revised Rules of Court, assailing the ruling of respondent Commission on Elections (Comelec) which cancelled the Certificate of Candidacy (COC) of Kimberly Da Silva Cerafica (Kimberly) and denied the substitution of Kimberly by petitioner Olivia Da Silva Cerafica (Olivia).

    On 1 October 2012, Kimberly filed her COC for Councilor, City of Taguig for the 2013 Elections. Her COC stated that she was born on 29 October 1992, or that she will be twenty (20) years of age on the day of the elections,1 in contravention of the requirement that one must be at least twenty-three (23) years of age on the day of the elections as set out in Sec. 9 (c) of Republic Act (R.A.) No. 8487 (Charter of the City of Taguig).2 As such, Kimberly was summoned to a clarificatory hearing due to the age qualification.

    Instead of attending the hearing, Kimberly opted to file a sworn Statement of Withdrawal of COC on 17 December 2012.3 Simultaneously, Olivia filed her own COC as a substitute of Kimberly. Owing to these events, the clarificatory hearing no longer pushed through.

    In a Memorandum dated 18 December 2012, Director Esmeralda Amora-Ladra (Director Amora-Ladra) of the Comelec Law Department recommended the cancellation of Kimberly’s COC, and consequently, the denial of the substitution of Kimberly by Olivia. Relying on Comelec Resolution No. 9551,4 Director Amora-Ladra opined that it is as if no COC was filed by Kimberly; thus, she cannot be substituted.

    In a Special En Banc Meeting of the Comelec on 3 January 2013,5 the Comelec adopted the recommendation of Director Amora-Ladra, cancelled Kimberly’s COC, and denied the substitution of Kimberly by Olivia as an effect of the cancellation of Kimberly’s COC, viz:6
    The Commission RESOLVED, as it hereby RESOLVES, to approve the foregoing recommendation of Director Esmeralda-Amora-Ladra, Law Department, as follows:
    1. To cancel the Certificate of Candidacy (COC) of aspirant Kimberly Da Silva Cerafica without prejudice to any civil, criminal or administrative liability that she may have incurred pursuant to Section 14 of COMELEC Resolution 9518; and

    2. To deny the substitution of Kimberly Da Silva Cerafica by Olivia Da Silva Cerafica as an effect of the cancellation of the COC of Kimberly.
    Let the Law Department implement this resolution.

    SO ORDERED.cralawlawlibrary
    Olivia then filed the present petition for certiorari with Prayer for the Issuance of a Temporary Restraining Order, Status Quo Ante Order, and/or Writ of Preliminary Mandatory Injunction, raising the following issues:7
    I.

    WHETHER PUBLIC RESPONDENT COMMISSION ON ELECTIONS ACTED WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION AND CONTRARY TO LAW AND JURISPRUDENCE IN ISSUING THE ASSAILED MINUTE RESOLUTION RESULTING IN THE CANCELLATION OF THE CERTIFICATE OF CANDIDACY (COC) OF ASPIRANT KIMBERLY DA SILVA CERAFICA AND THE DENIAL OF THE SUBSTITUTION OF KIMBERLY DA SILVA CERAFICA BY OLIVIA DA SILVA CERAFICA AS AN EFFECT OF THE CANCELLATION OF THE COC OF KIMBERLY.

    II.

    WHETHER PUBLIC RESPONDENT COMMISSION ON ELECTIONS ACTED WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION AND CONTRARY TO LAW AND JURISPRUDENCE WHEN IT RULED THAT THERE WAS NO VALID SUBSTITUTION BY PETITIONER FOR KIMBERLY RESULTING IN THE MOTU PROPRIO DENIAL OF PETITIONER’S CERTIFICATE OF CANDIDACY.

    III.

    WHETHER PUBLIC RESPONDENT COMMISSION ON ELECTIONS ACTED WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION AND CONTRARY TO LAW AND JURISPRUDENCE IN ISSUING THE ASSAILED RESOLUTION WITHOUT GIVING PETITIONER AN OPPORTUNITY TO BE HEARD, THEREBY RESULTING IN THE MOTU PROPRIO DENIAL OF THE SUBSTITUTION OF KIMBERLY DA SILVA CERAFICA BY OLIVIA DA SILVA CERAFICA.
    In its Comment8 filed on 22 April 2013, respondent Comelec argued that Olivia cannot substitute Kimberly as the latter was never an official candidate because she was not eligible for the post by reason of her age, and that, moreover, the COC that Kimberly filed was invalid because it contained a material misrepresentation relating to her eligibility for the office she seeks to be elected to.9 The Comelec further averred that it can cancel Kimberly’s COC motu proprio as it may look into patent defects in the COCs, such as Kimberly’s failure to comply with the age requirement.10chanrobleslaw

    In her Reply11 filed on 10 May 2013, Olivia countered that although Kimberly may not be qualified to run for election because of her age, it cannot be denied that she still filed a valid COC and was, thus, an official candidate who may be substituted.12 Olivia also claimed that there was no ground to cancel or deny Kimberly’s COC on the ground of lack of qualification and material misrepresentation because she did not misrepresent her birth date to qualify for the position of councilor, and as there was no deliberate attempt to mislead the electorate, which is precisely why she withdrew her COC upon learning that she was not qualified.13chanrobleslaw

    At the outset, we note that a verification with the Comelec database yields the finding that Olivia was not among the official candidates14 for the 2013 Elections and, thus, was not voted for.15 As such, a ruling on the present petition would no longer be of practical use or value. Even if we were to resolve the petition for the purpose of determining Olivia’s legal status as a legitimate and qualified candidate for public office, such purpose has been rendered inconsequential as a result of the proclamation of the winning councilors for the 2013 elections.16chanrobleslaw

    Be that as it may, the Court deems it opportune to address the merits of the case, if only to caution the Comelec against the precipitate cancellation of COCs.

    In Albaña v. Comelec,17 we held that where the issues have become moot and academic, there is no justiciable controversy, thereby rendering the resolution of the same of no practical use or value. Nonetheless, courts will decide a question otherwise moot and academic if it is capable of repetition, yet evading review. In this case, we find it necessary to resolve the issues raised in the petition in order to prevent a repetition thereof and, thus, enhance free, orderly, and peaceful elections.chanrobleslaw

    VALID SUBSTITUTION

    In declaring that Kimberly, being under age, could not be considered to have filed a valid COC and, thus, could not be validly substituted by Olivia, we find that the Comelec gravely abused its discretion.

    Firstly, subject to its authority over nuisance candidates18 and its power to deny due course to or cancel COCs under Sec. 78, Batas Pambansa (B.P.) Blg. 881, the Comelec has the ministerial duty to receive and acknowledge receipt of COCs.19chanrobleslaw

    In Cipriano v. Comelec,20 we ruled that the Comelec has no discretion to give or not to give due couse to COCs. We emphasized that the duty of the Comelec to give due course to COCs filed in due form is ministerial in character, and that while the Comelec may look into patent defects in the COCs, it may not go into matters not appearing on their face. The question of eligibility or ineligibility of a candidate is thus beyond the usual and proper cognizance of the Comelec.

    Section 77 of the Omnibus Election Code (B.P. Blg. 881) provides for the procedure of substitution of candidates, to wit:
    Sec. 77. Candidates in case of death, disqualification or withdrawal of another. – If after the last day for the filing of certificates of candidacy, an official candidate of a registered or accredited political party dies, withdraws or is disqualified for any cause, only a person belonging to, and certified by, the same political party may file a certificate of candidacy to replace the candidate who died, withdrew or was disqualified. The substitute candidate nominated by the political party concerned may file his certificate of candidacy for the office affected in accordance with the preceding sections not later than mid-day of election day of the election. If the death, withdrawal or disqualification should occur between the day before the election and mid-day of election day, said certificate may be filed with any board of election inspectors in the political subdivision where he is candidate or, in case of candidates to be voted for by the entire electorate of the country, with the Commission.
    Under the express provision of Sec. 77 of B. P. Blg. 881, not just any person, but only “an official candidate of a registered or accredited political party” may be substituted.21 In the case at bar, Kimberly was an official nominee of the Liberal Party;22 thus, she can be validly substituted.

    The next question then is whether Olivia complied with all of the requirements for a valid substitution; we answer in the affirmative. First, there was a valid withdrawal of Kimberly’s COC after the last day for the filing of COCs; second, Olivia belongs to and is certified to by the same political party to which Kimberly belongs;23 and third, Olivia filed her COC not later than mid-day of election day.24chanrobleslaw

    In Luna v. Comelec,25 where the candidate, who was also under age, withdrew his COC before election day and was substituted by a qualified candidate, we declared that such substitution was valid. The Court eloquently explained:
    Substitution of Luna for Hans Roger was Valid

    Luna contends that Hans Roger filed a valid certificate of candidacy and, subsequently, upon Hans Roger’s withdrawal of his certificate of candidacy, there was a valid substitution by Luna.

    On the other hand, the COMELEC ruled that Hans Roger, being under age, could not be considered to have filed a valid certificate of candidacy and, therefore, is not a valid candidate who could be substituted by Luna.

    When a candidate files his certificate of candidacy, the COMELEC has a ministerial duty to receive and acknowledge its receipt. Section 76 of the Omnibus Election Code (Election Code) provides:
    Sec. 76. Ministerial duty of receiving and acknowledging receipt. – The Commission, provincial election supervisor, election registrar or officer designated by the Commission or the board of election inspectors under the succeeding section shall have the ministerial duty to receive and acknowledge receipt of the certificate of candidacy.
    In this case, when Hans Roger filed his certificate of candidacy on 5 January 2004, the COMELEC had the ministerial duty to receive and acknowledge receipt of Hans Roger’s certificate of candidacy. Thus, the COMELEC had the ministerial duty to give due course to Hans Rogers certificate of candidacy.

    On 15 January 2004, Hans Roger withdrew his certificate of candidacy. The Election Code allows a person who has filed a certificate of candidacy to withdraw the same prior to the election by submitting a written declaration under oath. There is no provision of law which prevents a candidate from withdrawing his certificate of candidacy before the election.

    On the same date, Luna filed her certificate of candidacy as substitute for Hans Roger. Section 77 of the Election Code prescribes the rules on substitution of an official candidate of a registered political party who dies, withdraws, or is disqualified for any cause after the last day for the filing of certificate of candidacy. Section 77 of the Election Code provides:
    Sec. 77. Candidates in case of death, disqualification or withdrawal of another. – If after the last day for the filing of certificates of candidacy, an official candidate of a registered or accredited political party dies, withdraws or is disqualified for any cause, only a person belonging to, and certified by, the same political party may file a certificate of candidacy to replace the candidate who died, withdrew or was disqualified. The substitute candidate nominated by the political party concerned may file his certificate of candidacy for the office affected in accordance with the preceding sections not later than mid-day of election day of the election. If the death, withdrawal or disqualification should occur between the day before the election and mid-day of election day, said certificate may be filed with any board of election inspectors in the political subdivision where he is candidate or, in case of candidates to be voted for by the entire electorate of the country, with the Commission.
    Since Hans Roger withdrew his certificate of candidacy and the COMELEC found that Luna complied with all the procedural requirements for a valid substitution, Luna can validly substitute for Hans Roger.

    The COMELEC acted with grave abuse of discretion amounting to lack or excess of jurisdiction in declaring that Hans Roger, being under age, could not be considered to have filed a valid certificate of candidacy and, thus, could not be validly substituted by Luna. The COMELEC may not, by itself, without the proper proceedings, deny due course to or cancel a certificate of candidacy filed in due form. In Sanchez vs. Del Rosario, the Court ruled that the question of eligibility or ineligibility of a candidate for non-age is beyond the usual and proper cognizance of the COMELEC.

    Section 74 of the Election Code provides that the certificate of candidacy shall state, among others, the date of birth of the person filing the certificate. Section 78 of the Election Code provides that in case a person filing a certificate of candidacy has committed false material representation, a verified petition to deny due course to or cancel the certificate of candidacy of said person may be filed at any time not later than 25 days from the time of filing of the certificate of candidacy.

    If Hans Roger made a material misrepresentation as to his date of birth or age in his certificate of candidacy, his eligibility may only be impugned through a verified petition to deny due course to or cancel such certificate of candidacy under Section 78 of the Election Code.

    In this case, there was no petition to deny due course to or cancel the certificate of candidacy of Hans Roger. The COMELEC only declared that Hans Roger did not file a valid certificate of candidacy and, thus, was not a valid candidate in the petition to deny due course to or cancel Luna’s certificate of candidacy. In effect, the COMELEC, without the proper proceedings, cancelled Hans Roger’s certificate of candidacy and declared the substitution by Luna invalid.

    It would have been different if there was a petition to deny due course to or cancel Hans Roger’s certificate of candidacy. For if the COMELEC cancelled Hans Roger’s certificate of candidacy after the proper proceedings, then he is no candidate at all and there can be no substitution of a person whose certificate of candidacy has been cancelled and denied due course. However, Hans Roger’s certificate of candidacy was never cancelled or denied due course by the COMELEC.

    Moreover, Hans Roger already withdrew his certificate of candidacy before the COMELEC declared that he was not a valid candidate. Therefore, unless Hans Roger’s certificate of candidacy was denied due course or cancelled in accordance with Section 78 of the Election Code, Hans Roger’s certificate of candidacy was valid and he may be validly substituted by Luna.26 (Emphases supplied.)
    LACK OF DUE PROCESS

    Moreover, in simply relying on the Memorandum of Director Amora-Ladra in cancelling Kimberly’s COC and denying the latter’s substitution by Olivia, and absent any petition to deny due course to or cancel said COC, the Court finds that the Comelec once more gravely abused its discretion.

    The Court reminds the Comelec that, in the exercise of it adjudicatory or quasi-judicial powers, the Constitution27 mandates it to hear and decide cases first by Division and, upon motion for reconsideration, by the En Banc.

    Where a power rests in judgment or discretion, so that it is of judicial nature or character, but does not involve the exercise of functions of a judge, or is conferred upon an officer other than a judicial officer, it is deemed quasi-judicial.28 As cancellation proceedings involve the exercise of quasi-judicial functions of the Comelec, the Comelec in Division should have first decided this case.

    In Bautista v. Comelec, et al.,29 where the Comelec Law Department recommended the cancellation of a candidate’s COC for lack of qualification, and which recommendation was affirmed by the Comelec En Banc, the Court held that the Comelec En Banc cannot short cut the proceedings by acting on the case without a prior action by a division because it denies due process to the candidate. The Court held:
    A division of the COMELEC should have first heard this case. The COMELEC en banc can only act on the case if there is a motion for reconsideration of the decision of the COMELEC division. Hence, the COMELEC en banc acted without jurisdiction when it ordered the cancellation of Bautista’s certificate of candidacy without first referring the case to a division for summary hearing.

    x x x x

    Under Section 3, Rule 23 of the 1993 COMELEC Rules of Procedure, a petition for the denial or cancellation of a certificate of candidacy must be heard summarily after due notice. It is thus clear that cancellation proceedings involve the exercise of the quasi-judicial functions of the COMELEC which the COMELEC in division should first decide. More so in this case where the cancellation proceedings originated not from a petition but from a report of the election officer regarding the lack of qualification of the candidate in the barangay election. The COMELEC en banc cannot short cut the proceedings by acting on the case without a prior action by a division because it denies due process to the candidate.30 (Emphasis supplied.)
    The determination of whether a candidate is eligible for the position he is seeking involves a determination of fact where parties must be allowed to adduce evidence in support of their contentions.31 We thus caution the Comelec against its practice of impetuous cancellation of COCs via minute resolutions adopting the recommendations of its Law Department when the situation properly calls for the case’s referral to a Division for summary hearing.

    WHEREFORE, premises considered, with the cautionary counsel that cancellation of certificate of candidacy is a quasi-judicial process, and accordingly is heard by the Commission on Elections in Division and En Banc on appeal, we DISMISS the present petition for being moot and academic.

    SO ORDERED.cralawlawlibrary

    Sereno, C. J., on official leave.
    Carpio,** Velasco, Jr., Leonardo-De Castro, Peralta, Bersamin, Del Castillo, Villarama, Jr, Mendoza, Reyes, Perlas-Bernabe, and Leonen, JJ., concur.
    Brion, J., on official leave.
    Jardeleza, J., No part, acted as Solicitor General.

    Endnotes:


    ** Acting Chief Justice per Special Order No. 1898-A dated 2 December 2014.

    1 13 May 2013.

    2 (c) The regular members of the sangguniang panlungsod and the sectoral representatives shall be elected as may be provided for by law. The elected member of the sangguniang panlungsod must be at least twenty-three (23) years of age on the day of the election, a resident of the City for at least one (1) year immediately preceding the day of the elections, and a qualified voter therein;

    3Rollo, p. 26.

    4 TO REFUSE TO GIVE DUE COURSE TO and CANCEL THE CERTIFICATES OF CANDIDACY of those who, despite having known their apparent lack of qualification for being below the minimum age requirement imposed by the Constitution, still deliberately filed their COCs for Senator. We find no other justification other than that they have no genuine interest to run for senator but merely to put the election in mockery or disrepute.

    5Rollo, pp. 23-25; Excerpt from the Minutes of the Special En Banc Meeting of the Comelec held on 3 January 2013.

    6 Id. at 25.

    7 Id. at 7-8.

    8 Id. at 40-49.

    9 Id. at 45.

    10 Id. at 46.

    11 Id. at 55-60.

    12 Id. at 56.

    13 Id. at 57.

    14 http://www.comelec.gov.ph/?r=Archives/RegularElections/2013NLE/Candidate/Certified List Of Candidates. 22 August 2014.

    15http://www.comelec.gov.ph/?r=Archives/RegularElections/2013NLE/Results/citymuni2013. 22 August 2014.

    16Garcia v. Comelec, 328 Phil. 288, 292 (1996).

    17 478 Phil. 941, 949 (2004).

    18 Batas Pambansa Blg. 881, Sec. 69.

    19 Batas Pambansa Blg. 881, Sec. 76.

    20 479 Phil. 677, 689 (2004).

    21Miranda v. Abaya, 370 Phil. 642, 657 (1999).

    22Rollo, p. 23; Findings of fact of the Comelec as stated in the Excerpt from the Minutes of the Special En Banc Meeting of the Commission on Elections Held on 3 January 2013.

    23 Id. at 27; Accompanying Olivia’s COC is a Certificate of Nomination and Acceptance issued by the Chairperson of the Liberal Party of the Philippines, Taguig City.

    24 Id. at 22; Olivia filed her COC on 17 December 2013 or not later than mid-day of election day, 13 May 2013.

    25 550 Phil. 284 (2007).

    26 Id. at 290-293.

    27 Constitution, Art. IX-C, Section 3.

    28Cipriano v. Comelec, supra note 21 at 691.

    29 460 Phil. 459 (2003).

    30 Id. at 475-477.

    31Cipriano v. Comelec, supra note 21 at 691.

    G.R. No. 205136, December 02, 2014 - OLIVIA DA SILVA CERAFICA, Petitioner, v. COMMISSION ON ELECTIONS, Respondent.


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